Places that have decriminalized marijuana in the United States
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Multiple places have decriminalized marijuana in the United States, for non-medical purposes. Most places have civil fines, drug education, or drug treatment in place of incarceration and/or criminal charges for possession of small amounts of marijuana, or have made various marijuana offenses the lowest priority for law enforcement. A few places, particually in California, have removed almost all legal penalties for marijuana, including personal cultivation.
| Contents
Alaska | California | Colorado | Maine | Massachusetts | Montana | Michigan | Minnesota | Missouri | Mississippi | Nebraska | Nevada | New York | North Carolina | Ohio | Oregon | Washington | Wisconsin |
[edit] Map
[edit] Alaska
In 1975, Alaska removed all penalties for possession of marijuana under 28.45 grams (one ounce) in one's residence or home. Sale of less than 28.45 grams is a misdemeanor, punishable by up to a year in jail and up to a $5,000 fine[1]; in most other states sale of less than 28.45 grams is a felony.
With the 1975 Ravin v. State decision, the Alaska Supreme Court declared the state's anti-drug law unconstitutional with respect to possession of small amounts of marijuana, holding that the right to privacy guaranteed by the Alaska state constitution outweighed the state's interest in banning the drug[2].Despite a 1990 initiative statute and a 2006 legislative statute contradicting the Ravin decision, Alaska courts continue to follow Ravin, voiding laws which criminalize possession of small amounts of cannabis.[3][4][5] This allows possession of less than 25 plants in your residence or home[1]
[edit] California
On January 1, 1975, Senate Bill 95[6] made possession under 28.45 grams (one ounce) of marijuana for non-medical use punishable by a $100 fine; stricter punishments exist for amounts exceeding 28.45 grams, possession on school grounds, if the offender is under the age of 21, or subsequent violations or for sale or cultivation.[7]
On November 7, 2000, Proposition 36 was passed by 61-39 percent. The proposition allowed first and second time non-violent simple drug possession offenders the option to recieve drug treatment and legal probation instead of incarceration.[8]
- In 1973, Berkeley passed The Marjuana Ordinace I (BMI I), which forbid law enforcement from arresting persons for marijuana related crimes unless cleared by the City Council. In the case Younger v. Berkeley City Council, an Alameda County Superior Court Judge Lionel Wilson struck down BMI I because it violates city code that states the City Manager has discretion over police personnel.[9]
- In 1979, Berkeley passed The Marijuana Ordiance II (BMI II), which made the enforcement of marijuana laws—including cultivation, sale, and transport—the lowest priority for law enforcement, banned the expenditure of funds for enforcement of marijuana statutes, allowed residents to grow marijuana and report any theft of marijuana plants to law enforcement, and directed the City Council to lobby in favor of the decriminalization and legalization of marijuana.[10][11][9]
- In 2000, Mendocino County became the first county in the United States to repeal any type of punishment for non-medical personal use of marijuana when Measure G passed, by a vote of 58-42%. The Green Party sponsored Measure G[12] provides protection from law enforcement for persons possessing no more than 25 adult female flowing marijuana plants or the equivalent in dried marijuana.[13]
- On November 3, 2004, Oakland passed Proposition Z, by a vote of 65-35%. Proposition Z made personal adult use, distribution, sale, cultivation, and possession of non-medical marijuana, the lowest priority for law enforcement. Proposition Z will allow the licensing, taxing, and regulation of marijuana sales if California law is amended to allow so. The proposition states the city of Oakland must advocate to the state of California to adopt laws to regulate and tax marijuana.[14]
- In 2006, Santa Barbara, passed Measure P, by a vote of 66-34%. Measure P made non-medical marijuana offenses the lowest priority for law enforcement; this does not apply to the cultivation, distribution, sale, public use, or driving under the influence. [15]
- In 2006, Santa Cruz passed Measure K, by a vote of 64-36%. Measure K made adult non-medical marijuana offenses the lowest priority for law enforcement; this does not apply to cultivation, distribution, sale in public, sale to minors, or driving under the influence.[16]
- In 2006, the San Francisco Board of Supervisors passed a marijuana ordinance, by a vote of 8-3. This ordinance made adult marijuana offenses the lowest priority for law enforcement; this does not apply to the sale in a public place or driving under the influence. The ordinance states that the San Francisco government will urge state and federal authorities to enact similar laws. [17]
- In 2006, Santa Monica passed Measure Y, by a vote of 65-35%. Measure Y made marijuana offenses the lowest priority for law enforcement. The measure states the city clerk of Santa Monica will encourage state and federal authorizes to adopt similar laws.[18]
- In 2006, West Hollywood City Council passed a marijuana resolution, by a vote of 4-0, which made West Hollywood the first city in Southern California to adopt a lowest law enforcement priority law for marijuana offenses. The resolution stated “it is not the policy of the City or its law enforcement agency to target possession of small amounts of marijuana and the consumption of non-medical marijuana in private by adults."[19][20][21]
[edit] Colorado
In 1975, Colorado made possession under an 28.45 grams (one ounce) of marijuana a petty offense punishable by a $100 fine; stricter punishments exist for possession over 28.45 grams, sale, cultivation, or use or display in public.[22]
- On November 1, 2006, Denver passed the Denver Alcohol-Marijuana Equalization Initiative, by a vote of 54% to 46%. This initiative repealed municipal penalties for possession of 28.45 grams (one ounce) of marijuana by persons age 21 or older legal[citation needed]. However, this conflicts with state law, so police can still arrest for possession of marijuana because Colorado state and federal penalties remain in effect.[23][24]
[edit] Maine
In 1976, Maine made possession under 35.4 grams (1.25 ounces) of marijuana a civil violation punishable by a $350 to $600 fine; stricter punishments exist for sale, cultivation, or subsequent violations within six months.[25]
[edit] Massachusetts
On February 16, 2006, the Herald News Online reported that the Joint Mental Health and Substance Abuse Committee of the Massachusetts General Court voted 6-1 in favor of a bill that made possession of less than an ounce of marijuana a civil fine of $250. [1]
- On March 28, 2000, Amherst passed a non-binding referendum by a vote of 63-37%. The referendum "deprioritized" adult possession of marijuana and urged "the members of the Selectboard and the Town Manager to persuade our state representative, state senator, U.S. representative and U.S. senators to repeal the prohibition of marijuana"[6]
[edit] Montana
Marijuana is not decriminalized on a statewide basis.
- In 2006, Missoula County passed Initiative 2, by a vote of 53-47%. Initiative 2 made marijuana the lowest priority for law enforcement.[26]
[edit] Michigan
- See also: Marijuana laws in Ann Arbor, Michigan
Marijuana is not decriminalized on a statewide basis.
- In 2004, Ann Arbor passed Proposal C, by a vote of 75-25%. Proposal C made non-medical marijuana possession, control, use, and giving away or selling punishable by a $100 fine.[1]
[edit] Minnesota
Possession and sale of less than 42.5 grams (1.5 ounces) of marijuana is a misdemeanor punishable by a $200 fine and possible drug education; stricter punishments exist for possession of more than 1.4 grams (0.049 ounces) in a motor vehicle, driving under the influence, or sale to a minor[27]
[edit] Missouri
Marijuana is not decriminalized on a statewide basis.
- In 2004, Columbia made marijuana the lowest priority for law enforcement and set the fine for possession of marijuana under 35 grams (1.2 ounces) to a maximum of $250.[28]
[edit] Mississippi
In 2004, House Bill 28[29] made possession of less than 30 grams (1.05 ounces) of marijuana a misdemeanor punishable by a $100 to $250 fine: stricter punishments exist for sale, cultivation, subsequent offenses, or possession in a motor vehicle.[30]
[edit] Nebraska
Possession of 28.45 grams (one ounce) or less a civil citation punishable by a $100 fine: stricter punishments exist for sale or subsequent offenses.[31]
[edit] Nevada
In 2001, Nevada made possession of any amount of marijuana for non-medical use by persons age 21 or older punishable by a $600 fine or drug treatment; stricter punishments exist for multiple offences, cultivation, sale, or driving under the influence.[32]
[edit] New York
Possession of 25 grams (0.9 ounces) or less of marijuana is a civil citation punishable by a $100 fine; stricter punishments exist for sale, cultivation, or subsequent offences.[33]
[edit] North Carolina
Possession of 14.17 grams (.5 ounces) is a misdemeanor punishable by 30 days incarceration and a $200 fine: stricter punishments exist for sale or cultivation. Sale or delivery of less than five grams, for no remuneration, is considered possession.[34]
[edit] Ohio
In 1975, Ohio made possession and cultivation of less than 100 grams (3.5 ounces) of marijuana and a gift of 20 grams (0.7 ounces) or less of marijuana is minor misdemeanor (no criminal record) punishable by a $100 fine, a 6 month to 5 year drivers license suspension and a suspension of any professional licenses; stricter punishments exist for sale.[35]
[edit] Oregon
In 1972, Oregon became the first state to decriminalize marijuana. Possession of 28.45 grams (1 ounce) or less is punishable by a $500 to $1,000 fine; stricter punishments exist for sale or cultivation. [36]
[edit] Washington
Marijuana is not decriminalized on a statewide basis.
- In 2003, Seattle passed Initiative 75, by a vote of 58-42%. Initiative 75 made the "investigation, arrest and prosecution" of adult marijuana possession law enforcement's lowest priority.[37]
[edit] Wisconsin
Marijuana is not decriminalized on a statewide basis.
- On April 5, 1977, Madison passed Ordinance 23.20, which made possession of less than 112 grams (almost a quarter pound) of cannabis legal when for personal use in a private place.[38]
- On May 13, 1997, Milwaukee Mayor John Norquist signed a measure into law, which made possession of less than 25 grams (.88 ounces) of cannabis a municipal ordinance violation with a fine of $250 to $500 or imprisonment for 20 days. Although, prosecutors in Milwaukee can still charge offenders under more severe state law.[39]
[edit] See also
- Cannabis rescheduling in the United States
- Decriminalization of cannabis in the United States
- Legal issues of cannabis
- Legality of cannabis in the United States
[edit] External links
[edit] References
- ^ a b c State by State Laws: Alaska. North American Organization for the Reform of Marijuana Laws (2006). Retrieved on December 24, 2006.
- ^ Supreme Court of Alaska (1975-05-28). Ravin v. State, 537 P.2d 494 (Alaska 1975). Schaffer Library of Drug Policy. Retrieved on December 20, 2006.
- ^ Supreme Court of Alaska (1993-10-29). Alaska v. McNeil. Carl E. Olsen's Marijuana Archive. Retrieved on November 7, 2006.
- ^ Sutton, Anne. "Alaska Recriminalizes Marijuana Possession", Associated Press/Officer.com, 2006-06-05. Retrieved on November 7, 2006.
- ^ Volz, Matt. "Judge Rules Against Alaska Marijuana Law", Associated Press/Seattle Times, 2006-07-11. Retrieved on November 7, 2006.
- ^ a b James Austin, Ph.D. (2005-11-02). Rethinking the Consequences of Decriminalizing Marijuana. The National Organization for the Reform of Marijuana Laws. Retrieved on December 24, 2006.
- ^ State by State Laws: California. North American Organization for the Reform of Marijuana Laws (2006). Retrieved on January 10, 2007.
- ^ About Prop 36. Prop36.org. Retrieved on March 22, 2007.
- ^ a b Suzanne La Barre. "Legal Limbo for Pot Users?", The Berkeley Daily Planet, 2006-03-31. Retrieved on February 22, 2007.
- ^ NORML. The Berkeley Cannabis Ordinance. Retrieved on January 12, 2007.
- ^ Marijuana Policy. The City of Berkeley. Retrieved on January 12, 2007.
- ^ Mendocino Votes on Growth Industry Though largely symbolic, Measure G would `legalize' small marijuana farms. San Francisco Chronicle. Retrieved on January 12, 2007.
- ^ Marijuana Ordinance for Medocino County. The National Organization for the Reform of Marijuana Laws: California Branch. Retrieved on December 24, 2006.
- ^ Meeasure Z: Marijuana Law Enforcement - Alameda County, CA. Smart Voter. Retrieved on December 24, 2006.
- ^ Directory of Santa Barbara County, CA Measures. Smart Voter. Retrieved on December 24, 2006.
- ^ Measure K: Marijuana Law Enforcement Priority - Santa Cruz County, CA. Smart Voter. Retrieved on December 24, 2006.
- ^ Marijuana: San Francisco Supervisors Approve Lowest Law Enforcement Priority Policy. StopTheDrugWar.com (DRCNet). Retrieved on December 24, 2006.
- ^ Measure Y: Lowest Enforcement Priority for Adult, Personal Use of Marijuana - Los Angeles County, CA. Smart Voter. Retrieved on December 24, 2006.
- ^ Marijuana: West Hollywood Passes "Lowest Priority" Resolution. StopTheDrugWar.com (DRCNet). Retrieved on December 24, 2006.
- ^ Council Considers Formal Position Regarding Marijuana Consumption and Possession. City of West Hollywood (2006-06-16). Retrieved on September 6, 2006.
- ^ City Council, City of West Hollywood, Minutes, Monday, June 19, 2006. Retrieved on September 6, 2006.
- ^ James Austin, Ph.D. (2005-11-02). State by Sate Laws: Colorado. The National Organization for the Reform of Marijuana Laws. Retrieved on December 30, 2006.
- ^ Patrick O'Driscoll (2005-11-03). Denver votes to legalize marijuana possession. USA Today. Retrieved on December 30, 2006.
- ^ Denver Voters Pass Key Ballot Initiatives. City and County of Denver (2005-11-03). Retrieved on September 18, 2006.
- ^ State by State Laws: Maine. North American Organization for the Reform of Marijuana Laws (2006). Retrieved on January 10, 2007.
- ^ Tristan Scott (2006-10-18). Initiative 2 would make marijuana lowest priority. The Missoulian. Retrieved on January 12, 2007.
- ^ Election Day 2004 - Municipal Marijuana Initiatives. Drug Policy Alliance (2004-11-03). Retrieved on January 12, 2007.
- ^ Marijuana initiative may be on city ballot. The Lovely County Citizen of Eureka Springs, Arkansas (2004-07-24). Retrieved on January 12, 2007.
- ^ HB 281 (As Sent to Governor) - 2004 Regular Session. Mississippi Legislative Bill Status System (2004). Retrieved on January 12, 2007.
- ^ State by State Laws: Mississippi. North American Organization for the Reform of Marijuana Laws (2006). Retrieved on January 10, 2007.
- ^ State by State Laws: Nebraska. North American Organization for the Reform of Marijuana Laws (2006). Retrieved on January 10, 2007.
- ^ State by State Laws: Nevada. North American Organization for the Reform of Marijuana Laws (2006). Retrieved on January 10, 2007.
- ^ State by State Laws: New York. North American Organization for the Reform of Marijuana Laws (2006). Retrieved on January 10, 2007.
- ^ State by State Laws: North Carolina. North American Organization for the Reform of Marijuana Laws (2006). Retrieved on January 10, 2007.
- ^ State by State Laws: Ohio. North American Organization for the Reform of Marijuana Laws (2006). Retrieved on January 10, 2007.
- ^ State by State Laws: Oregon. North American Organization for the Reform of Marijuana Laws (2006). Retrieved on January 10, 2007.
- ^ Seattle Voters Approve Initiative Making Marijuana Enforcement City's "Lowest Priority". The National Organization for the Reform of Marijuana Laws (2004-09-13). Retrieved on January 10, 2007.
- ^ James Austin, Ph.D.. Text of Madison Ordinance 23.20. Madison NORML. Retrieved on January 10, 2007.
- ^ Milwaukee Moves to Decriminalize Marijuana. The National Organization for the Reform of Marijuana Laws (1997-05-22). Retrieved on January 13, 2007.
